Has your project been delivered long back? Is your project on a freehold land? Are you uncertain whether UP Apartment act is applicable to your project or not?
Following are the general conditions for applicability of UP Apartment act:
1) Any project whether on freehold or leasehold, anywhere in Uttar Pradesh, shall fall under purview of UP Apartment act.
2) There shall be more than 3 apartments in the project to be considered under the act.
3) It should also apply to projects falling under Industrial development authorities.
4) Authorities have to ensure that builder/promoter submit declaration of such projects satisfying the above norms. Builder/Promoter and Owners are thereafter bound to the act.
While the conditions for its applicability are stated within the act for sufficient clarity, a debatable point is whether it is applicable for a project delivered even before UP Apartment act came into force i.e. March 19, 2010?
As per a judgment from UP’s Allahabad High court in December 2013, it can be construed that UP Apartment act shall apply to any project – delivered or under construction, with or without completion certificate, with the exception of few clauses (like layout change if it is done before March 19, 2010).
For already constructed and delivered projects, the declarations are mandatory and have to be filed within 90 days while for under-construction project, it has to be filed with 1 year from approval of building plan.
In absence of promoter/builder not submitting the declaration, the builder’s claim on limited common area and facilities will be revoked.
Hence, it is true that most clauses of UP Apartment act 2010 are applicable retrospectively and to any project in UP with more than 3 apartments.
Also, it is to be noted that by its very nature, UP Apartment act overrides any other conflicting clauses of building regulations/byelaws.
Last updated: May 19, 2015 at 0:08 am